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HomeMy WebLinkAboutpitkin.planning.264321000000 (2) DOCUMENT LAYOUT THIS FILE MAY OR MAY NOT CONTAIN ALL OF THE INFORMATION LISTED BELOW IN THE FOLLOWING ORDER Summary Sheet Resolution for the BOCC and/or P&Z Ordinance for the BOCC and/or P&Z Determination for the Hearing Officer Administrative Determination Staff Memo Application Public Notice, Acceptance Letter, Referral(s) Letter Site Plan Miscellaneous Plat(s) .-~ ^~, ELAY ~PORATION ~6g-2 12/16/70 Motion carried to DENY zoning application. For further information see: 1. Rezoning Application 70-5 2. P & Z Minutes, Indexed Record 3. Subdivision File 4. Permit File 5. Maps: RA - 3 0 0!100 l 0-~3~ ,10IN'C I'IIIII,IC IIV.Ak~ING 1'ITRIN COUN'PY PLANNING ANDl.ON1NG CON~'iISSION ANll PITKIN COUN'Pl' COMMISSIONFKS September 28, 1970 Present were: Planning Commission members Peter Guy and Storrs Bishop and County Commissioners T. J. Sardy, J. S. Baxter, Clyde Vagneur. Mr. Herb Bartels, Planning Coordinator for the County of Pitkin. Elay Corporation-Rezoning Request. Peter Guy, Chairman, read the A'otice of Public Hearing as follows: I: :, „,, NOTICli OF PUBLIC Ii:u\I:1N0 .. IF7 .I alo:gt l'oa srrll '~cc ' - e to (Ile riuht P~avln~ a rvdiu6 • VO'flCli IS IlHliii ilY G:V I`.IV thal :: 27u nut feet the chord of which Public Ilcaring is seheyded in the ,c:vs N 88 .e„mes 2.1'19" H IL$.2G ' IJ istrict Cauaraum. Courlhom:c, fc, thcnca ti. 03 dc,:re c+ 51'7.0" VV Aspen, Colora.in ou Scptc:u her ^_ S7o.4(. icel alur.~ salt road'. lLcncc - ' 1970 at 7:J0 P.M. dl consider ^w ~~ Ih7.V2 ~et Sul;; Ihr era it 1 carve - lilllnwing luu end NCU. to the :illii: m the lair having :1 ~~:iui of [,,10.(10 ~ ' .. ~' Gwnty Zouiug p:ap Ihaf would ehnn;:e feet the eWxJ of wl ~ieh hear, ti US till: %1)r.lll`~' ll~l,\SIi14:l tll)Il rll (illll lir::l to dilr:i~:,' G(J'i4" 1'. 1 )7.11 :~'~'( tlli n.; ~' - • arau to toted as follows Gam :AF-t :o 370.!3 fatt :Tong [hc • 41:-2 w•i111 5p cci:ll iicvicw a5 a Plaancd arch of curvy :o the ngh[ havmg _ Unit Dncelopm cot, COLORADO ,iN COU9 iY - PI'1' radius of 531.95 feet thu chord of ' " , . A :ra ~ O 11 u Yi'urt 11 of 4, ,V;ddl ba;l rs 5 CS oe -c es 50 P/ 56 ' <vnshl 9 dot 1 ~ -c ' ~ S c loo 21 ~ 303 to hu' Incnc S 5 v grch 48 " . ~ Sr Post of :1 Gtl: Prinmll V - ' 00 W Ib).9} ti lam vui~. roue; ' " ~- Il log Westorly of a GO ) 1 ..ad us ~ 5 56 agr~ s ~.) 07 W 9.70 - corstruc:ed and ir. p.acc, una •~~• alol„ sold rose to the pmnt a. - _ Aorih edy or L'rush Cracl: Vil.age : iiino .~ bc~inuing. 1\0.2, described as follows: i he above deli ri bed tract of ;y:d ~ , _ Ilegianing at point on :he comais i 6.51 a. res, nt ore oc leas. ~ -uathcl .y Ln n "it: II :Cn. - ~ pn~t o map nt :hc .'ea . on _ ' \Vlll:llii t11i I11 -~:h 1} )'ll~: { 1{~":n:1 1:1Y ~ e.~:{Il.l:eli 111 lhv fl ll'V ~ ' - hot 12 in L'loch ] of said il;ng V'0.2 ng . 0: ;1:e dit,cin. County 13uLd: - ~ boors S 6» degrees l I'd G'~ '- 60.00 :nmtc: or. ' ~ th c::ce S. 5G dez: ecs 49'07° \V . e n'.eeti:;~ is scS ed tiled as a Joint - 77.66 Ccet rml, t~r nol nl.'~ I~ ~ o' ~~ 11 Ilic nu ( Ucfo.a the {4tkin ~ sl d I d-1^ \o or J c [ "•, C-u ty ' ..ing a~ti Zoning 1 1 . - it 11 i ~ a c 1 0 n u:rv ~ "[ . Cr ~: s to l am bc;oro [he '3oa~l. n: .. ' . _,.. _. n:u ...S ., ramts rt _O.uO ..~, „, c. on. - ,Y moo,. l,n ;.ISSlo na:rs of li[6:n.:. of w.uc '. hu s \ GG u : C- 7" `: 3 Coo ity Co or >. . ' 33.57 fee . A Or J :A; so't T•ol:, htu .n,::i per; .^ _ _ SG" W i9 75 c! ;.lo:rte or. .n}' 1: :trey msy appear aid 'oc heard" . .• line of said i°ili~~g no. 2; thence 2_5.76 espr:.si:a' their obiectlo ns and . ^at .uong ' 1 h of ~ ~ r o?i :fors. . left hav~ng '1 ' d u, of lad c0 :I Peggy E Co o:c cho. ~ of wl icl. U~ars A aJ r. ass County Clerk ar.d 12 ~. ord•' ' ~ 47'40" \V 198.54 fxt; c:ca 5. %1 ~ ~-' deg:.: es 27.00" VJ 75 00 o :' ' 'Iblish v in [re A,pen T'^' ' ' - - nor:hecly Lra oP s;.ia _- So 2, .7, 1970. ..acs Augur; . :hence 1 :O.GO fzet :ao;:y ::, :: of :: I alai ' cnNC (O Chu : I 11LV Ir., a .S J• ' . SO.GO font ;ila ch o:d o: wltia:: ben rs J - 3^_ deg:ecs 03'53" W 10:54 i 1 ' _ 1 . - - .onto N G3 degrws 17'05"\tl. 294.6 eeq Olenee ~. ^_7 reee. 10'00" }29.00. e4 cote SS ~ ~ ~ • L . -`~ 49'00° 295.00 aq - _ - ~ugccus 00'00" _.10 i. coca N ~ 7 . OS OJ'00° 2 ~ J OGt 2G'OY'\Y ^^_0 '. <q ti~ . - Ihance _ .once 5 S3 degr wx 16'00" C J1~U+ . ' fro ; Ihance 150.7: Pee; along t'. ~ ' - of a curve ;o :ilo le f; having ¢ radio> o. J - 330.00 :'eet :ht c.`.ord 0: which bcaa \ \ He then asked Mr. Bartels to say a few words. Mr. Bartel gave some history of the area. He pointed out that present zoning is AF-1 which was applied in 1955, at the time of the original zoning. In 1967 a request for 135 acres of T-Tourist and Approximately 30 acres of B-Business were requested and denied in the adjoining area. Also in 1970 application was made in the adjoining area for a trailer court and this was denied. The present subdivision was recorded in 1966, using the A-F zoning. He felt there were some special conditions that exist in that area. Its location near the intersection of Highway 82 and Brush Creek Road; the fact that it is under 2 miles from the end of the Airport runway. He pointed out that the land uses which are the most comoatible under take off and approach patterns are agricultural, open and recreational uses. Uses with which the potential concentration of people is associated such as schools and apartments, are not recommended because of crash hazards and noise disturbances. He felt low density ( 1 unit per acre) may be compatible. OOU002 Page 2 Joint Hearing '""' Pitkin County Planning and Zoning Commission and Pitkin County Commissioners Sept. 28. 1970 He pointed out that the airport in an imoortar.t mode of transportation for the area and the establishment of lard uses under the flight traffic would not be in keeping with the pest interests of the public. Since the basic economy of Aspen is a resort area the approach should be given special atten and consideration, and plans developed that would preserve the open character of the meadow areas maintaining the natural setting of the region. The following letter was read from Airport Traffic Control Tower, Aspen, Colorado. Sept. 28, 1970 to: Mr. Darcy Brown, President. Pitkin County Airport Authority P. 0. Box 1248 Aspen, Colorado Dear Mr. Brown: Because there is considerable undeveloped ground around Aspen Airport and the growth potential quite high, I assume that we can expect development of this ground in the very near future. While I am sure the Airport Authority had already given consideration to the noise problem and safety factor associated with airports, I would encourage you to place special emphasis on the approach and departure zones as well as the pattern area. Since many airports have found that the oppertune time to effect zoning is before the development begins, I would recommend that all concerned give this your very early consideration. Sincerely Tom Collins Chief, Aspen Tower cc: Mr. Herb Bartel, Pitkin County Planning ®fficer. Mr.'Malcolm Murer of Murer,:Serafini and Muerer explained the location of the property and pointed out the well and the proposed sanitary facility. Mr. Ellenbogen then read the following statement into the record. Elay 8orporation purchased over 2000 acres of land in pitkin County in 1965.. After purchase of the land, Gerald F. Kessler, a recognized land planner, was employed to prepare a master plan for the area. After several meetings with the Pitkin County Planning and Zoning Board, suggestions made were incorporated in the final plan which was presented at a joint meeting of the Planning and Zoning Board and the County Commissioners. Snowmass at Aspen was just getting started, and we cooperated with Pitkin County at our expense, in relocating the euterance to Brush Creek Road from Highway 82. The relocated entry way was deeded ( shown on map) by us to the County. Our further cooperation was demonstrated when we participated in the straightening of Brush Creek Road, and gave the necessary Rights of Way to the County on both sides of Brush Creek Road through our property. We agreed to a donation of seven acres of land in the meadow area in close proximity to Highway 82 to the School Board for school purposes, whenever the need arises. Approximately 380 acres of land was subdivided by us into 133 two-acre minimum home sites. in 1967 we requested rezoning of a portion of the land. A public hearing by the Planning and 'toning Board, together with the County Commissioners, was held. The master plan provided for multiple dwellings on the 16.5 acres presently under consideration. •' Q 0~~ 0 ~ 3 After the hearing, but prior to a final determination on the zoning, Page 3 Joint Dearing Pitlcin County SeptemUer 28, ~. Planning and Zoning Commission and County Commissioners 1970 ::itcr the hearing, but prior to a final deter:~~ination on the zoning, rre received an offer for appi'o:cimat.ely 1700 acres of land, v:~~ich offer :ras aCC Gpte d, 0'ar re 7,GnlIlg appl9.Cuti.Gn ?•1a5 shell ?al t'ridrai:!1. i?e had contemplated the pre scat r~~zD%li:ig anpl.i.cati.on since t e sale c£ ti"le 1.700 acre S. I-i0 n*CVCr, 1na5inu(:}"1 aS tLC ZOYlii~.^, rJ~lilatiOnB i~78rt; 1n tn0 process o£ being changed, ?re ?aaitcu alai.!, the no-:; .regulations :;era adopted before fi.iing our application. ';;itil the i.noorncrati.cr, of Ylarnc;d Unit Development iri your zoning resolutions, :ae car: nova ore sent our e.:act plans S':111C11 ?'71.11 be followed 1n the develGpmC:l'~ OI. thG property. TheSE Dlans fe110:7 the original master plan presented to you iII 1967y and no charge in the area has taken place which would affect that plan. l~.s far bac;< as 1966 a need for rental housin;;~ at reasonable rates existed. Ti cor:'nr~.ttee was aopolnted ano. prepared a report dared i•;a;/ 2, 196b tQh1Cl"i SllbStc^31t1ated th8 nu^ed f01 t:liS type Of housing. Since that time many articles have app'iared in the :seen "limes static: that tihe Hoed for moderate-:>riced r:;:lua1 ho'asing has ?lot bc,sn met. .+moiher COi:L'?.1i~.tee haS been apDOlili:Od t0 SCe'.: n:E anS t0 aCC 0:1pl7.uh the DU:ilCling Of moderate-priced rental housing. Some employers have even had to supply housil:g to obtain oualified e:rolosDes. Zne average public employee, such us the police officers, school teachaJ•s, etc., have difficulty find:ii:g adequate !:easing at pries they can afford. If the ZOning appl_iC~1LlOn i S gr~ultCdy ir2 pI'OpOSC t0 el'CCt 168 rCntc^.1 units in accordance t'rith the plans provided to yon :'tith our application on approtis;atel.y lEr acres of Lard. i1th011~i1 t}':e ."1 .~-2 C1.aS 9if1i:3 t~i0i?. 1;i ti1C `LOni-; .'~.e S0luti On :.'OUI, peri7!lt a ~: CatOY` nL`:6b.^,r OX Unlt S, ~... IlaVC 117P~L::d thE` riuPivCT in Cur a`..~J].1CotiGil 'JO 168 U.n'.: i:S. if f:L'L1n„' OUr p1-a. .. ?'at G'1?' ap,~.~.1Ca.,1Gn av a nlaSLr!Cd dB VC1U :](!Cris dc: Sii2.11 bG 1i71itcd t0 that nuF1bC O° 1lriitS. If Ci^....:3~ ri°CC SSat'~ti', YC arc: pi 1.l.iln;,' t0 Cnt;er 1n t0 an a~rCGBb3nt ?7.~`~--: 1'7.Lkh T? CC•': city t0 11i;Cit t;.~^, riULiOP.r Of UnltS Cn the 16.5 aCrO S' t0 n0 m0i'i, T:..^.8 `: .,.... ]. ~: ~; .~ _~'. .. ~. ~.5. 0'ur Uulldlrig schc d'a1.G 15 1L0 CO'-:,iCI1C0 1r1T.:'1 1118 CCn Fitr llCtlUn Of t•:i0 buildings COrit alnln° 32 l::l'ltS 1:1 tiiC iir'S'~~ scary tl?T'8G bUi ldin~s filth l;~ unfits file second year, throe buildings frith i:0 units the third years tlao buildings :~;itil 32 ualts the fourth years and t::o b''a;ldings :~rith 2~ unlts the fifth year. Alter 100 units are built, construction of part of the recreation area trill be co:,il-nenced, ?rith ca.~nlction of the recreation area .after 1lFO units are built, The recreational facilities planned include a s*~rinu,v.ng pool, tennis courts, and a club house. Horseback trails. are planned, and a_re also available itl brush Creek filings one and t?ro :•rhich have in excess of eight n>_iles of roads. I£ market acceptance is greater than our proposed schedule, the tine schedule £or cons'~ruction vri11. be advanced to meet t're m~ ket reeds. The 'rental schedule frill be based on a return. of 12 on investment. It is anticipated that the routs fail.! be y129.G0 per month for a buffet apart..°~ent, $155.!;0 for a one bedroom, $186.30 for a two bedroom, 5260. L:8 for a deluxe tyro bedroom, $270.00 for a throe bedroom, and $323.1y" for a four bedroom. These prices a?'e based on present market conditions, and the construction of 168 units. The longer :re ?gait-•-t'.:e hig'rler the prices will be. The officers aril directors of Elay Corporation are experienced in the building and managerlant of apartments, as :~re have built and ot;n a number of apartment buildings in the Dervcr area. Z'?e can build and rent the apartments according to the schedule proposed bBC aUSC Of "i:;1B f2Ct t11at tfie ].and. 1S Or:ed free and Clear. Ohre plan t0 list: OllY` O:~rn futld5 T-'Or the COrrStrUCt].On Of t'I70 f1.TSt ti~r0 blli.loings Of 32 l17?1.t S. Our into*~ from she sale of the 1700 acres of land ;-rill be used to fund this project. Tnus t'lo money acquirad i<n ?itkin County :rill b2 spent in Pitkin County. oouoora ... Pave 4 Joint bearing Pitkin County Planning and 'Coning Commission and Coun~y COISrIl$siorier$ September 28, 1970 tae have a mtmber of private: :Lnvestors trilling' to participate in this project on the 1"G return basis, and also have unused bank crociit lines available if needed. it is not poss9.ble to build moderate-priced rental housing closer to Aspen, .Land costs and interest rates are too high to porr,.it it. t''ater and se;;:r reports have boon prepared b~ the e, i:eurer, Serafini and I':eurcr, r;n ~ F J 'lgineer~ng firm of a,~p_ica,;i on for location of a setrage dis- oomplips~withas, beorl filed t7.ti1 Pit'cin County. The proposed se:raSe plant 1 State Public F.ealtil Standards, Tile effluent from file sewage plant exceeds the. Duality of irea~,:ant required by the State Board of Healthy and is reco;r~iended by oar e gineez's as a very e_fficicnt plant, The plant trill be operated by a ;Dan cu.alif:ied to do so by the State Board of Health, and trill hava a cesti:iicate as requested by youx• sanitarian. t'7e are in favor of a sanitation district being forried. Obviou acres is not of adequate sly, lEz size ;,o ~or,r. a .anitati~on c.istric'c, t;'hen a setter district i.s for, ed, rre agree to Din it. ~:;, a l: fac;_lit.y 0 than elm-o our setrage-treatment Can be r^v-mOVCdy and tt10 ::e:lOr li ne5 Can be COn11CCted to Othor lines 1'.'alLlrlc~i t0 a larger plant SC2'V1rig a 7riuCil larger arc'ae Our setrage plant trill be a "Recla_~ak'~ p_an~ or a si.:,ilar one the SpeC1fl.CatlOriC Of tirilLCtl have bocY1 g1Ve t0 i'1:', Ki.rlkgcie ~ ~ 1S sera^e-disposal plan- ~r ' Your sar5.tariz_n. Th' ~ _ . i~ hu.. Di:Gn rCCO: ":Cr'idCd by O'u ~' CnglilG Cx•S aS Oi1C Of the: best pla^,tS avallab].t:. i'hC r~irnt Can bps 1nCreasad. in CaDa.City a the Hoed ar1SES. flnen a :anltatl.0"tl diS"ir1Ct iS OperatlVC, ti1C .,,'.t4age blant cari bC mGVCd. Tt:e t.'atCr f;C:<.1t1.GS ax'C aCiG'iuatC fQr tfle .L6H 1.Ln1Y,5 prOpOSCd. t_YG eat GY'Cd 1n t0 <`: COn"Lr aCt wlt:l t;18 (i1.iV Of Aspen for -Gi1G DUrOha:;e Of trat:;n, ?'.C under rand that that ra plans to b Thi . r lrg .,en *,r . ~ ].in to - ~ . ns tir, c su 1 , .ter ;,-ill ,,~ ~-... ~.lrpor L, l I T: `: ?'P.len It b~~ n L;~ cc~, 1 r='`' 1 <- ~ _ii c frcm our o.~cahyfeasible ~ Pro_~rty. .~ is ~s <n,u .~ a-c t,spen c.i~y .,titer ;1].l b° available as '" e`" .ires tc 'i:nis area.; Rega_rdiess of tahether tine 16d unit r, ].11 the tT'afiC flOt~l t0 i;Sj:Cri. Tl".C 16'" S U~. bu-Llc, there 17.11 be a.n increase a rajOr 1ntGY'SCCtl On ~• aCl',.,, 1/rldei' COr1S1dC:^$t10Ti al'C ClOSC LO , naw'a-J Highway b2 and Brush Cree ,. main entrance to Snotm~ass at ll:;pen }~ Roaci. Phis is „ne to the Li, ldcat eyel .,,,~.. L ~, and *:ill, uY:doubtedl be ~h _ d o~ . cil ~. _r. e ~. Y, ~. a main road 1~, os p-ople renting u~~.ts constructed on t?le acres trill be close to both develoDrl;ents 1 a milk, and the F?i~illands a'r~. as ..e_l s the Airport, Butter- <:zs. 1'he iacrcase in traffic from our units trill thus be divided, frith only a portion going to Aspen. Aron„„ally, it is costl meats, N.o:aevc.r, tra ara SADDlO :~7o~de county services to scattered develop- the count-. T Jl- t.ater a_nd sewer Lacilities at no cost to y ..ncreased taxes from the 16S units s:ould pro ride funds for schools, police, and fire protection as trell as otrler services. Tr:e traffic pattern and location of the runways at the airport takes the ai'r traffic on tal:•e_offs and landings aray from this property z :d not directly over it," Thera is a shale bluff bettraen ti1C airport and this property trilich t:'ill aiffuse the noise level, Should this be a problem, tre are trilling to deed the ?.ir rights over this property to the county, 1s exhibits, tre have a colored rend:?ring of tre appearance of the projCCt aS i0C11 a5 8 SCalC model t.'hiCil SllOir, h O:P tle bU11d.'..rig F, t77.1i abpe ar On 'GI1C DTO Cr t~ P J. The architECtural plans hava be;;n arEpaz'ed by i~~, Karl Pell. an CXtremaly troll-cualificd arChltCC t, tih0 haS had CXtc^n S1.Ve f-:xl>Cr 7.BriCC :Ln f mountain areas. dmong his tror}a is the rifth-Avenue Apartraants at Aspen, It is our desire to retain as much opon area a meat o.f this project, lcu trill note from -i; s Possible in rho develop- provides for if ~ e plan fi].cd with you that it x•53 acres of open space out Of a total area of 16,E acres. t'he're is no question that there is a tremEndo'us awed for moderate-priced rental Un1tS C1CSC t0 ASpC'.*1 aYld Sn O:",Mass at .^.StiEn :Ln P1t}C:u7 COUYl:y, Page 5 ~oiat IIearing Pitlcin County Planning and Zoning Commission and County Commissioners September 28, 1970 This is not, and cannot tinder any circustances be considered spot zoning. The zoning resolutions provide fo'r Planned iJr.it Development, and this application is in that category. It follows a master plan for the area, as previously stated. Mr. Traitor. Bean's plar. provides for "Planned Residential District" in this vicinity. This application qualifies under that designation as a multiple-residential area. The sewage plant, according to Roger Smades of the State Board of Health, without question, meets the standards established by that organi- zation. Your favorable consideration is requested so that we nay proceed with the construction of the project, as outlined, ss soon as possible. He then pointed out the locations of t.e Recreation areas on the map,tennis courts, pool and riding stables. A club house was included. He showed where the easement would be provided for horse back riding. Mr Bell the architect for the planned development presented a scale model of the buildings as they would appear on the property. Model showed changes in elevations of the property also. ;ie pointed out that the buildings would be against the mountain and not near the traffic pattern of the runway. He did not feel the location should be considered with the intersection at Highway 82 and Brush Creek. He hoped for a village effect by the site and grouping of buildings. He showed how the buildings varied in size and height with the contours of the land. G?i11 have parking for 368 cars which is a rationof two cars per 1 unit. Total parking area 261,870 square feet. Architectural features of buildings were pointed out. Mr. Vagneur pointed out the map was incorrect in the location of Hrush Creek in relation to Woody Creek Road and access -road to the site. Mr. Mureur explained that they would have only one well which would provide adequate water.( 80 gallons perndnute, 100,000 gallons per day) This would be adequate for the proposed 168 units. He would propose a storage tank at ground level. The package sewage treatment plant was discussed. He explained that effluent would be put into brush creed and when it was too low water from the well would be used to flush effluent away. Sewage treatment plant would be all underground. All controls would be in a building in the complex, modules could be added as necessary. He also explained that when the district had been formed the Septic system would be removed. The Same with water. when City Water is feasible. Mr. Vagneur asked how far the water supply was from Highway 82. Mr. Murer stated 1000 feet. Water frcm the City is still beyond the Airport. Once the water is to. the airport then they can form a water district and bring it . 3ocan. Lamont ICinkaide, City-County Sanitarian, asked about amount of storage for water. They explained 100,000 gallon tank this would provide for 24 hour fire protection. Mr. Kinkaide asked what the nroposed treatment of the water would be. Mr. Piureur explained the Chlorination. Mr. KinKaide then asked if it would be possible for them to serve the entire Brush creek area with their sanitation facility. Mr. iiureur said it would not because :°Ir. Mills was to low in some places. There was some misunderstanding with Pir. Kinkade concerning whether or not the state had passed on the secaer treatment facility. 1`ir. Mureur stated that it had been passed as a satisfactory treatment facility by Mr Smades of Water Pollution Control. ~~ ~3`DG ~..~ ,., P~~„e u Joint ileari_ug Pitkin County Planning and 'Loring Coim~.iission and County Commissioners September 28, 1970 Mr. Mureur stated t'rat they were willing to go into a sanitation district if and when one was formed. ,s. Kinkaide felt that once a temporary plant is installed the less likely it is that a district will be formed. He would be against seeing a plant in that area. Mr. Mureur pointed out that 16 acres was to small an area to require to be districted. Costs of proposed tIills and Elay plants were discussed. It was noted that each would have $30,000.00 invested in plants and for $680.00 they could form a district. Mr. Kinkaide asked Mr. Mureur if all of Brush Creek Village Subdivi- sion could be served. Mr. Mureur said there were lots that could not be served, but that Roger Smades has said that it could be served by mne means or another, by other than a public system. Mr. Ellenbogen told the board that they had submitted applications for sewage treatment plant and were told at t'r~at time to take it to Aspen. At no other time has Public Health Depart~:,ent made ary other criteria they had not met. He explained that they had used these systems in other places. P1r. Kinkaide felt it would be a single unit and that the Health Dept. does not wart several little plants. Mr. Mureur said that for 162 acres of development the proposed plant is adequate as is the water. They would be glad to comply if the district were formed Mr. Vagneur asked how many people would be served by the water. Ellenbogen stated about 500 people approximately. Mr. Mureur explained that sanitation facility would guarantee 98% BOD removal. Mr. Vagneur asked if there was any standard of flow to allow the river to take it. It was again explained that they would use water from the well if the creek could not cary away the effluent. Nr. Ellenbogen left a plan and specification sheet for the Treatment plant. A N.r. James, Their planner from Denver, mentioned some of the things which were considered during the planning of the project. He said on talking with the pilots at the airport and after looking at the area he did not feel the sound nor the hazard of~possible crashes was a point. He folt the ridge formed a natural barrier. Hesaid however that a an air easement would be given if they felt it necessary. He pointed out the need for workers housing for the area. He said that low cost housing was not feasible closer to town because of land costs. He felt their rental rates as proposed were reasonable. It also would serve the Aspen 63ildcat area and Snowmass at Aspen. This type housing would not be feasible at the foot of a ski lift. He said these are the things a developer looks at first ~n terms of showing intent. He asked that if they felt the over all plans are good for the area the. area with reasonable -requirements on the developer. :Ial Clark the Building Inspector, explained that the Aspen [Wildcat area had plans to incorporate employee housing into their area and Snowmass at Aspen also Snowmass at Aspen. He asked if they we're aware of the traffic problem and the fact that 3 or four times the volume of traffic nn Highway 0dI}'~~~ v w Page 7 Joint Ilearing Septem'uer 28, 1970 82 as it was originally designed for. Dir. James explained that they were not only talking about construction housing. This is something that can be put together right not. The point being ti~at it does serve several locat`~ons. Mr. Ellenbogen responded. He said they hoped to supply housing for permanent people like teachers and hospital personel. He also explained that they had been trying to contact Dlr. Hernstadt through Mr. Stewart his attorney to set upa Sanitation district. He said if Mr. Kinkaide would present criteria they would try to follow it. Mr. Kinkaide stated he had told all concerned he would turn down their application as presented. Felt a plait should be located in alogical location for all the area. Mr. Sardy questioned the. rent schedule presented. Y`.e asked them what they would do in the event they were unable to real to employees long term. Mr. Ellenbogen explained that these were more than reasonable with the going rates. He explained the return they expected on their investment was 12%. M-r. Sardy asked what guarantee they would have they would staff at these prices. Mr. Ellen bogey said he felt theyhad demonstrated by their past action of doing what they said •they would do they caouid do this. Stors Bishop asked if he could see any managerial problems or if they had considered ceiling any of the units off. Mr. Ellenbogen said that was not their intention. Mr. Bishop asked why they had asked for AR-2 instead of PR. He Explained that this is the only way they can get 168 units onthe 16 acres. Mr. Bishop asked if any of the buildings exceed 24 feet in height. Mr. Bell the Architect said yes some were 28 feet. He was asked if the 16 acres were surrounded by Hernstadt Mr. Ellenbogen said they were. He explained the 7 acres that had been reserved fora school in the sale of the lard which was sold to Hernstadt. Mr. Madsen asked what was going to be in the Meadow before the development Mr. Ellenbogen said that in his last conversation with Mr. Hernstadt they planned to follow the Master Plan. Mr. Bartels said the Master plan does come into play when determining zoning. He also stated that Higher densities are not a recomended use for any aircras"t pattern. With respedt to housing we have a responsibility to provide but alos to consider an invirorTent in which they dan bring to the ccm~nunity. Mr. Guy closed the hearing. Respectfully submitted, Patsy 1\cwbury. Q0~1!~~8 .., Page 7 Joint Hearing September 2S, 1970 S2 as it was originally designed for. ~. .. Mr. James explained that they were not Daly taP~cing about construction housing. This is something that can be put together right not. The point being that it does serve several locations. Mr. Ellenbogen responded. He said they booed to supply housing for permanent people like teachers and hospital personel. He also explained that they had been trying to contact Mr. Hernstadt through Mr. Stewart his attorney to set ups Sanitation district. He said if Mr. Kinkaide would present criteria they would try to follow it. Mr. Kinkaide stated he had told all concerned he would turn down their application as presented. Felt a plant should be located in alogical location for all the area. ar. Sardy questioned the rent schedule presented. He asked them what they would do in the event they were unable to -rant to employees long term. Mr. Ellenbogen explained that these were more thar. reasonable ~oith the going rates. He explained the return they expected on their investment was 12%. Mr. Sardy asked what guarantee they would have they would staff at these prices. Mr. Ellen Bogen said he felt theyhad demonstrated by their past action of doing what they said they would do they would do this. Stors Bishop asked if he could see any managerial problems or if they had considered selling any of the units off. Mr. Ellenbogen said that was not their intention. Nr. Bishop asked why they had asked for AR-2 instead of PR. He Explained that this is the only way they can get 168 units onthe 16 acres. Mr. Bishop asked if any of the buildings exceed 24 feet in height. Mr. Bell the Architect said yes some were 28 feet. He was asked if the 16 acres were surrounded by Hernstadt Nr. Ellenbogen said they were. He explained ti:e 7 acres that had been reserved fo-r a school in the sale of the land which was sold to Hernstadt. Mr. Madsen asked what was going to be in the Meadow befora the development Mr. Ellenbogen said that in his last conversation with Mr. Hernstadt they planned to follow the Master Plan. Mt. Bartels said the Master plan does come into play when determining zoning. He also stated that Higher densities are not a recomended use for any aircraft pattern. With respedt to housing we have a responsibility to provide but alos to consider an invironment in which they can bring to the community. Mr. Guy closed the hearing. Respectfully submitted, Patsy Newbury. 00~~~0~ ~- ~.. -1- ~.. ELAr co~r, rr,^IO~t ~ ~o~Jl~:,PrL1c~T1o.i Elay Corporation purchased over 2000 acres cf land in Pitkin County in 1955. After purchase of the ].and, Gerald F. Kessler, a recognized land planner, was employed to prepare a master plan for the area. After several meetings with the Pitkin County Planning and Zoning Board, suggestions made were incorporated in the Final plan which was presented at a joint mee+,ing of the Planning and 'Coning Boa_*•d and the County Corrlr~issioners. Sno-.rmass at Aspen was just getting started, and we cooperated with Pitkin County, at our expense, in relocating the entrance to Brush Creek Road from Highway 82. The relocated entry-way was deeded by us to the County. Our further cooperation was demonstrated when we participated in the straightening of Brush Creek Feoad, and gave the necessary Rights of Way to the County on both' sides of Brush Creek Road through our property. tae agreed to a donation of seven acres of land in the meadow area in close proximity to Highway 82 to the School Board for school purposes, whenever the need arises. Approximately 380 acres of land was subdivided by us into 133 two-acre minimum home sites. In 1967 we requested rezoning of a portion of the land. .q public hear- ing by the Planning and 7.oning Board, together faith the County Commissioners, was held. The master plan provided for multiple dtaellings on the 16.5 acres presently under consideration. After the hearing, but prior to a final determination on the zoning, we received an offer for approximately 1700 acres of land, which offer was accepted. Our rezoning application was than withdrawn. t•!e had contemplated the present rezoning application since the sale of the 1700 acres, fiowever, inas,tuch as the zoning regulations Caere in the process of being changed, vre vraiteci until the neta regulations were adopted before filing our application. idith the incorporation of Planned Unit Development in your zoning resolutions, tae can rota present our exact plans which will be followed in the development of the property. These plans follow the original master plan presented to you in 1967, and no change in the area has taken place which ~.:ou].d affect that plan. As far back as 1966 a need for rental housing at reasonable rates existed. A committee was appointed and prepared a report dated May 2, 1966 which substantiated the need for this type of housing. Since that time many articles have appeared in the Asper. Times stating that the need for. moderate-priced. rental housing has not been met. dnother committee has been appointed to seek means to accomplish the building of moderate.-priced rental housing. Some employers have even had to supply housi.n~ to obtain qualified employees. The average public emolcyee, such as the police officers, school teachers, etc., have difficulty findir.,g adequate housing at prices they can afford. IP the zoning application is granted, we propose to erect 168 rental units in accordance faith the.plans provided to you frith our. application on approximately lE acres of land. Although the ,'. R-2 ciassi.ficati.,on in the Zonin, Resolution would permit a grc;ater natrber of units, sre have limited the nua:ber in oar appl..icata_on to 168 units. ~~f filing our plans vrii;h oar application as a planned development, we shall be limited to that nwaber of units. I±' deem.d necessary, tae are wil:Li.ng to enter i.ni;l1 all a`?YEi ^,*^.O'1t to ith_ 'i t~~Ci Il i~01:71tV i;0 li;'tit the n?Tlber Of units on the 16.5 arms to no more thar..the 1.68 unit ~O~iJ10 .-•- _~. .~- ... - 2 - Our building schedule is to commence with the construction of tyro buildings containing 32 units in the first year, three buildings with !tO units the second year, three buildings with ltO units the third year, two buildings with 32 units the fourth year, and tyro buildings with 2!r units the fifth year. After 100 units are built, construction of part o£ the recreation area trill be corunenced, with completion of the recreation area .after 1ltO units are built. The recreational £aci.lities planned include a swimming pool, tennis courts, and a club house. Horseback trails are planned, and are also available in Hrush Creek filings one and two which have in excess of eight miles of roads. If market acceptance is greater than our proposed schedule, the time schedule for construction will be advanced to meet the market needs. The rental schedule will be based on a return o£ 12~ on investment. It is anticipated that the rents trill be $129,00 per month for a buffet apartment, $156.~rO for a one bedroom, $186.30 for a two bedroom, $260.48 for a deluxe two bedroom, $270.00 for a three bedroom, and $323,15 for a four bedroom. These prices are based on present market conditions, and the construction of 168 units. The longer we wait--the higher the prices will be. The officers and directors of Elay Corporation are experienced in the building, and management of apartments, as we have built and own a number of apartment buildings in the Denver area. tr7e can build and rent the apartments according to the schedule proposed because of the fact that the land is otmed free and clear. 4Ie plan to use our otm funds for the construction of the first ttro buildings. of 32 units. Our income from the sale of the 1700 acres of land trill be used to fund this project, Thus the money acquired in Pitkin County twill be spent in Pitkin County. We have a number of private investors trilling to participate in this project on the 12~ return basis, and also have unused bank credit lines available if needed. It is not possible to build moderate-priced rental housing closer to Aspen. Land costs and interest rates are too high to permit it, Water and sewer reports have been prepared by the engineering firm of Meurer, Serafini and N.eurer. l~,n application for location of a sewage dis- posal plant has been filed with Pitkin County. The proposed setrage plant complies trith all State Public Health Standards. The effluent from the setrage plant exceeds the quality of treatment required by the State F3oard of Health, and is recommended by our engineers as a very efficient plant. The plant trill be operated by a roan qualified to do so by the State Hoard o£ Health, and trill have a certificate as requested by your sanitarian. itre are in favor of a sanitation district being formed, Obviously, 1612 acres is not of adequate size to form a sanitation district. i•;hen a setrer district is formed, we agree to join it. At that time our sewage-treatment £aci.lity can be removed,, and the setrer lines can be connected to other lines leading to a larger plant serving a much larger area. Our sewage plant will be a "Recl.a-Yak" plant, or a similar one, the specifications of trhich have been give to P~Ir, Kinkade, your sanitarian, This setrage-discosal plant has been recommended by our engineers as cne of the best plants available. The plant can be increased in capacity as the need arises. S~men a sanitation distri.rt is operative, the ses,*age plant can be moved, The t:a.ter facilities are adequate fer the 168 units proposed. T•ie entered into a contract trith the City of Ashen for the pttrchase of water, YTe understand that there are plans to bring Aspen water lines to the airport, This mans that Aspen Crater ,rill be approximately 11~ miles from our property, j•.7ten S.t becon;es economicaL?y feasible to ertend the taater lines to this area,, Aspen city Crater trill be available as a permanent Crater supply, 00103:1 .~ -3- Regardless of whether the 168 units are built, there z,~i.ll be an increase in the traffic floz•7 to Aspen. The 16'2 acres under consideration are close to a major intersection, namely Highway 82 and Brush Creek Road. This is the main entrance to Snoz:mrass at Aspen and will, undoubtedly, be the main road to the Wildcat development. Those people renting units constructed on the 16' acres Drill be close to both developments as z~rell as the Airport, Butter- milk, and the Highlands areas. The increase in traffic from our units will thus be divided, with only a portion going to Aspen. Normally, it is costly to provide county services to scattered develop- ments. However, we are supplying water and sewer facilities at no cost to the county. Increased taxes from the 168 writs should provide funds for schools, poLce, and fire protection as well as other services. The traffic pattern and location of the runways at the airport takes the air traffic on take-offs and landings away from this property and not directly over it. There is a shale bluff between the airport and this property which will diffuse the noise level. Should this be a problem, we are willing to deed the air rights over this property to the county. As exhibits, we have a colored rendering of the appearance of the project as well as a scale model zrhich shows how the buildings will appear on the property. The architectural plans have been prepared by i~s. Karl Bell, an extremely well-qualified architect, who has had extensive experience in mountain areas. Among his works is the Fifth-Avenue Apartments at Aspen. It is our desire to retain as much open area as possible in the develop- ment of this project. You taill note from the plan filed with you that it provides for 1la.53 acres o£ open space out of a total area of 16.5 acres. There is no question that there is a tremendous need for moderate-priced rental units close to Aspen and Snozrmass at Aspen in Pitkin County. This is not, and cannot under any circumstances be considered spot zoning. The zoning resolutions provide for Planned Unit Development, and this applica- tion is in that category. It folloz.*s a master plan for the area, as pre- viously stated, r1r. Trafton Bean's plan provides for "Planned Residential District" in this vicinity. This application qualifies under that designa- tion as a multiple-residential area. The sezrage plant, according to Roger Smades of the State Board of Health, without question meets the standards established by that organization. four favorable consideration is requested so that rre may proceed with the construction of the project, as outlined, as soon as possible. Q~t~~12 ~,,, ~, ~,~ (~''~ ~ ~ ~ r, ~-.: , ~:ws~ ~~v.~ ~~ uLd'1 ~,~ 1 ~~' ,. \,,.y~, ~~~ ,~ G _ ly` ~~ ! ((~ ~ t' //V v. . . ; ,. ' :. ::.91~ GRA\D_AVE., GLENWOOD `S°Rii\GS,;, COLORA,D0,-8:60i_;, June 1G, .1970 Joseph ~erenbaurn c/o Ner-enbaum, f3erenbaum ~ Susman flttorreys at law ~ \ 107 Denver U, S, National Center 1700 Broadvr,:y .^,enver, Colorado 60202 Subject: Eiay Corp Power Linc>s Dea,^ I`!r, Eierenbcurn: In accordance with the request of fdr, kCberf k'ose, the requirements for overhead power lines into filing number two, ~9rush Creek Village, is as follows: LVe will construct an overhead power Iine fo any given lot for c guaranteed annual revenue, for five years, of twelve (1?_ i5) percent of the estimated construction cost, from existing power line to the meter on building, with power Line constructed ciony lot lines and roads. The est ir7itxte cost for 2, G40 feet of overhead power line in c subdivision is a/~nroximately ro'2,500.00, at this data, One-twelfth (1/12) of this cost would be ;208,34 plus tax annually or ,'x12.36 plus tax monthly. Noly Cross may request a two year prepaym<*nt of fhe 1~"?j5 annual guaranteed revenue plus tax, with one-tv:enty fourth (1/24) of tYris amount then applied against each monthly elactriccl bill. Ecch ~r-equcrst for ele:etriral service will be calculated on this basis. ShoL1d c re,;uest for :;ervicc be made an existing overhead power Line within filing number two and no additionaC construction is rnquired, other than a transformer and service drop to the reefer, then the guaranteed revenue for the first individual for whom the originci construction was made wil! be adjusted., !f individual lot owners desire underground secondary service from the pole at the edye of their (ot line to a buiCdiny, then the arranyements for installation ( by some- one other than Hoiy Cross Electric) and cost for the meter loop, cable and tronch to building, is the responsibility of the Lot owner. /f a ryroup of lot owners desire a high voltage underyround system in their area, ihon the cost to these lot owners wiCi be the difference of the estimated cost for over/read power line against an underground system, to be made paycbZe to NoCy Cross Electric as a direct contribution, with a guaranteed annual revenue of twelve percent (72`15) of the estimate cost of the overhead Line. !n an underyround system, ppq~Ji3 m; s ~lr, Joseph icrcnbcum -2- June 7G, 1970 s e~cond;;ry scr-v ice is provided to fhe lot line only, and service into the Cot is at fhe lot a:vrn~rs crx;±ense. f;~. hatieve each prospective purchas<r of lots in Filing numbers one end two should L,e. ac/vised that fhe Architectural Control Cornmitfee has approved the construction of over;,czad pov;cr tines to atl units in Filing numbers one and two. keference is made to Paragraph 19•of Covenants: 'i/here electrical power lines have been constructed between two unsold units and later these two units are sold as ono unit, th~ai easement for utiCities bef.veen units cannot 6e rescinded, The cost of removing any power insfaiiation would be at the cost of the purchaser. Very truly yours, HGLY Cf20SS EL[CTRIC_ ASS %ATIUIJ, II:C. Gf .. -~i~cGG-r ~ 1 r ca ~~ Clarence Q, kasmussen, Engineer ` Enci: cc: for h1r. Aioeri kose ,_, ..., ./~ ' 7r•. •, ''~.:-n ~•+o^l~ *"•• ^P r*'~ ~0~• ~ry p REAL ES7A7E ` ~, ~,~„ r,~ '~;...s Vs .+ . "' i.,1 a C:..d ~ ~ ~a.+' d tl D ~ V E I:O PER S AdJacent to Aspon and Snowmasa tieptember 24, 1969 H. C. Whitcomb, Jr., M.D. The Aspen Clinic t3ox 660 Aspen, Colorado 81611 1JeaT Dr. t.:atcomb: Ill reference to your letter of August 30, 1969, I will try to answer the questions raised in this letter, hopefully to your complete satisfaction. 1) In your reference to the Protective Covenants pertaining to the underground utilities, please be advised that here is the situation: All lines such as water, gas, electric, telephone, should be placed underground, unless otherwise approved by the Architectural Control Committee. Please be advised that Architectural Control Committee decid- ed to permit the installation of overhead electric and telephone lines due to the fact that it is not economically feasible to put these lines underground at this time. 2) Regarding your .question raised as to natural gas, please be advised that it is our understanding that natural gas will be made available by the Rocky Mountain Natural Gas Company when development of the area takes plat..; provided, however, the purchasers will pay the usual and normal costs for extension of said lines as charged by the Rocky Mountain Natural Gas Company. 3) Regarding the purchase of your tract of land, please be advised that you did receive 20 acres of ground. I am enclosing a copy of your tract as it was Oaken from the Ylot P1 an that was filed with Pitkin County on January 19, 1966. 'Che.re were seven (7) lots totaling 18.6. However, if you consider the access road which was vacated; this road approximated 1.4 acres of ground so, in fact, you do have a net of 20 acres. I hope the above answers the questions you raised in your letter, and if there is anything further that we can do for you please do not hesitate to call us or write to us. Sincerely yours, ~ .i, ' ~ _ ~`__ ~___.,. Albert Rose•- AR~riU MAIN OFFICE: 1020 E. COLFAX AV~::tlc + ~ZP:V6R, CtLAeADO B021B (3031 266<i631 encl ASPEN OFFICE: ROY VROD:""~: it .:iL:Y 6~S G55 ASPEN. CJLORADO 81631 (303) 925.7151 OOU015 __ _,~,. rr,,,, ~..; ' u.::..ro bn.r£.. as::.ti. coio .wo aiau daaw Conn IIOII Yso~w /SII-IIttT /. L CR62~\'E7.I.I GL[it0 M~YAOLi :1u~.*ust .i0, 1969 Dir. Al Rose c/o Clay Corporation 1244 Rroad•::av Denver, Colorado Dear '~•r. Rose: V. L. GOIILD. ::. D. II. C. F.i:NCO]:::, .-.. s.. rn C. ll. WILL:L:.:1;. :. D. yr"YnIOYY•4V14.w"~S 'l. tilGliglit at aPpTOTriCtC at tit.S t.,'1C t0 hTlte VOL a letter In rC!?Srd t0 the Covenants G: G7 ::5.: 1,r Ce6 111 i.:.;?,C ~~:. As }'OU well knotJ, ldhCn I blll It 111V ~~0 O, L SCr::OldiCl t77C rU ~i CS OL ':liC Rri?Sh ('ree:`t i:OVCnants and i~uriCd L?)' Id].rr^.5, CtC. A150, 9y VOll ';aSl }inOw, file t~alenhone ccnpany }las seen zit zo put '_:.Ierhone poses un to my prop~_'~y and thCn, In tIITn, 1' b1irV LSV ld1rC5. SOi`.C'lOw, tills doom ~t SCe'7 CGnslSt Lilt with the principles ~::•nliad by file Coven,nts I signed. The telaphore con'.?a:.v likewise should bury their w; res. Currc^.tly, t e nne zr^ily wilo 'qui't on t:.c i;ill ~ ove r__ have a .o:a-)hone ';OIC COlnln~' L`n t}l v' S1:iC O . .^.- }:0 f7,.. ai1C~ '?5~.. ...~ `r ,.... SwLc, t}lii., i5 g0i33? t0 h;p_)Cn tp aLOt?.Cr '~::Z'~V r!:^.O'1S bll";iin `>, 'ar':;cr CIOYn. It115 Quite obvious what ,..a principle oz t4 is iczter is, n:~,.e:v, t;:at Covenr;.s arC Cover.;.nts F.i^C Cl t(1Cr t~~dV SIIOUid f~C iO~i.~•::::i: Or '.Ot IOi:Ow?2. T Ob~2Ct t0 th1S di sTCh3rd f02' the Ri"11S}1 t;rCi:l( rOUCn~.nt5 :.nd 3:~ pl'Ot e5t1~~. :•t th:S tiY'.C. Also, I c re`ully Iayc~d opt : i l mV :.~_lil`ics and, in fact, pi;t r.~ ~ s iin.. urder~round ail the way to the cd~e .,= my nro~-,crty in ar,ticination t`lat Flay Corporation ;:oulci tiring t}:a ..,.,...rai ~s sine tip to the edge of my pror,~rty so I could con;:ect. In t:^e caea,.ti?ae, I am u;-:nn, Propane and, as I sec it, am r.ot having the part or' t}le contrcct referable to Flay Corror.>ti.a uifiiled. _ , .xr.-1Y> I COitraCYCd for 2G acres :md ..nd that i ..;clued 18.6 r.ctua: ...:;. liiC: Cl Or=, 1 SCCI that SC:~:C eC0;;0;,,_C ad~tiZti'.:-nt S}lOtiid 1'~e Ttadc At 51, .~i %:.CrC, - calcul;a=~cns are that I oven~aid ~1,u1G plus ,`!cnr.u;a on that ar?aunt `.,pica adds up t0 $J86.4G In i;OL`. YC arS. 1 :.... C~:. it:'~i: ,, i:'lt1 1atvVCr In ti:IS rcgz:rd l)Slt taouid .',)'.;irC C1LaC I<r.0:1 ": n YOllr ZCCI int;S On ny COLl:uC1aS 35 500: as possible. I plan to follow lrp :n this. Vary trt:iy )'oars, ,-C c ._ 'n .n b ~~ ~ H, C. ;4hitcomi), Jr., Pf. .,. iiCl.!:pt ..,. OOUJIG ~. .:i ~.p ...~. ~ v~ ' ji e :.. ~ ~.+n T7 :=.luert Rose DenVef, COlOr 2GO Re: ?rush Creek Develooc;ent, Pitkin Connt,~, Colorado Dear ,'?r. Rose: enclosed aro copies of corraspondence relatir. t,J approval of the sewage disposal plans in t:.e subject area Lj;- the State Department of iieait'r,. iVo application iras been received ~r t'ris office o-r the state. ;,ots a-re be- ln.~ 5O1d, SO the arBa Ge'JelOpment 15 COntrarj> tO file rC ~UlrBmBntS Of L'ne 4ater Pollution Control Com,nission's Rulesr'or Site ;,ocation Approval of ..~sidertiai Septic Tai;k Systcn;s, e-ffactive .:arch 11, 1958. i~XperlE:n Oe i;'1 tI'.1v 1O CaL1On tO ::a t2 'i^.aS SnOSv71 LhaL Lfe peTCOl.aLi Ors rate, dne tO e:itBn£1VG blaCa SilaiB depOSltS, 1S tOt£ill;~ 'QnaCCeptaei2 fOr leaCRlri sjrste;s. Also, the steop topo„raphy of ciost lots n;akes it virtually impossi- ole to put in even an expensive evaporative system. py, opinion, taerefore, is that without a pu'olic se~;era;e syste; this area is unacceptable for individual setaa_;e disposal units, except for ~ very fer lots fortunate enou;,h to have some soil over~urden and fiat topoCraphy. A CCO r:%ln";ly, t~;a15 1v tO ~1 Ve i'1O Lle( that Off 1C13i a~grOVdl Of 1ndlVidU- ~i -entic tank and ieac;inr~ systems In accordance with Pitkin County Sewa;;r. Disposal 3e~ulations will not be possible under present conditions. Please contact t'::is office, the state or tho County Buiidiny for any assistance or infor;aation. /'fiery- Truly ;your, ~ ' ~~~:~~ ~DS;laid C, iCo~ni~~ ~~~ City-County Sanitariar. ec: `:{o;;-= 8:iada, :.,,., State District 3:l,;ineer Rohr `Trooa~, .;~;altor, l.spen • :•:arvin eylolds, Connt,r~ui ldin,; Inspector Pi~ti:in Count}- Co:~ravssioners • Q0~~0~ 7 ,. ~/ 4a/ '_. - c:':;~C7.Vl:i;Jwa - ~~ ~ i'riaLE S-i 4210 EAST 11TH AVENUE DENVER, COLORADO 80220 PHGNE 388-6111 Fd. L. CL6EFE, fA. O., M.P.H., D/RECTOR _. ;:orsc;r»_sGr: aw. ,:.. .. C.~ :,v ~i .gin 1',VJ3ad w. ...,. .,.t .... aV t:3:iV AJ~~fU i~1:: ac:76:'~^ { rG~~5:4C1i Fi9C~ i i ~vw Srus;tyCrec"wa ilili,.~e a: 1;~~o~i . _ ... -, t .SCJd Sh k'. 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UHTHUI'ARnIC XVtlORAi II. It. OD1::d, M. D. Olrt'IIOPA k:DIO XUR4'LH} D. C. WIIITCO)fE, lt.. H. D. INZ).kINAL YRDICWt C. D. WILLIAM3, M. D. 1'1[iXICGN-Y VIIOt(Ilf Axzw Cos,R 303 Enoxt: f125-349: 8. E. CDISTANELLI Ccwlo Dfwxwoxt IJovember 13, 1970 TO ilaOM IT L1Y CONClil1~: f:e: The Ylhitcomb property in L'rusil Creclc The following represents various thoughts that come to me as Igo back over the purchase of property and events that occureed following that purchase, Originally, I met .:r. Al Iose of ~iay Corporation at a party at the i:eati,erued Lodge cririch caas then ocmed by my sister and broti7er-in-lava, .4r, S P1rs. I:en Sterling, I ren:erni7er the party well and at that ti;ae remember him discussing the purchase of the property in the general area where I purchased m;r property, lie talked at that time of developing a fine conmlunity sub-division which l.e punned to make unlike typical sub-divisions, 'ihe next I ]:peer of the property was when I heard Yr, i;oy Vroom, an Aspen realtor, talk about it in the same year that i purchased the property, Ise mentioned that iZe was going to represent E1ay Corporation of which llr. I:ose is a member and sell the property. I told itim at that time that I teas highly interested in the area and tizat once it went on the mari:et, I wanted itim to-c311 me and discuss it with me and show me what was involved. :r. Vroom did, indeed, do this and Ioe made at least two and possibly three trips by jeep into the area and Z picl.ed out a section of land that I caas interested in, At that time, ;:r. Vroom told me that tL-e land would be governed by covenants that caould control tine various aspects of development, including; the type of buildings, the type of wiring„ and I speci`icaliy remember him talhin about tilc ti:~iring being underground and generally iiavirg good control over the area, This was most interesting to me, particularly since I was purchasin„ some land and developing my home in an area that was governed by rules, also remember hir. Vroom comparing the Llay Development based on the owners concepts, to that of Stanrood, which is an area of development off of :QcLain Plats with buried telephone lines, etc., and strict rules of covenants. I went ahead then and made an agreement to purchase land in iCovemherof 19G5 and did inder_d si;;n a contract iII January crith the deed and covenants attached which I read carefully, This included burying of the telephone l.ine.s. auuoz2 ~~ __ l.U U I:c: The Gi:itcomb J'ropcrty -2- ovemher 13, ].970 Also, there tocrc rules renuirin;t •~ review of architectural committees for hui.ldi_n•^„ cCC., ar.d I did indeed intend to coc~ply with this set' of covenants or rules anti ;rave done so uP to this Point. I purchased the land and meshing, a dot.m payment with an agreement to pay the balance over a 5-year Period at GY, i.nterest, As of this time, I have one more payment of s1i~,htly more than $7,000 to make on this land. So, I have essentially nurcitased most of the land. I started out by first of all findin^ water because there was no ranter system there and did find a erell. I dici that t`, c. first year anti the follo:aing year developed a road. At that time, I realized that I would have to have power and macic tentative arran;,ements wit:: holy Cross Electric throu;;h ;`ir, Averill Startup to get pocaer into ti.e area. I discussed wit}; him the fact that my line had to be buried and they were going to bury their lines also. I did develop my plans throu`h the arcl:itec.:-, tieneghan F Gail of ;aspen trhich were presented to the architectural c~~:r:~i: ee of laay and approved. On that has is I went ai:cad and advised :.~. 3tartL:n I'd l~.ave to h.avc Po:aer so that I could build t!:e first thine, in the s,~ring or- .'?u8. he. told me that he had a plat stating that lines mere to be put underground b;~.ilav but when ice approad;eci them for an o'_:ay to nut lines underground they wouldn't comply with one penrv of assistat;ce. On ti;is basis, 1 felt compelled to say "pta thn power in, un to my property, any tray you can get it in, for now, plannir.o to put ray cairing ur.cerground is compliance with the covenants. :[r. Startup did put ir, m: over'read wire from the road and I did indeed when I built in the spring, summer and fall of 19u8, dig a trench and hurt' wire all the tray to my house. ILften it became obvious witi: some additional i~,uildin that Elay Corporation was not about to bury any Loire, I investigated the lack of legality of what they were doing. I coyote to :•?r, i:ose of 1?lay Corporation a:;d asked them what was r,oir,g on caith the covenants, tahv they weren't bein.~ honored anri i:c wrote me a letter and informed me that apparently the covenants were being follot•~eri. It was at this point n:y l.awver found that another set cf covenants had been filed, shortly after the ones I had si,;ned had been recorded and indecc: tl;ere Caere two sets of covenants. 1b me ti:is souncie_d fradulent and on this basis c.~c have been proceeding to find out just what has been going on. I also torote Pir, Rose another letter al:inc; iiim by what authority, based on the covenants I had signed, the covenants had been than^ed and he did not reply by letter but had an individual, possibly a lazayer, call me by phone. and denied that any additional covenants had been sirncd and I p,ot so anp.rv I bun; up on him. Ti~at cans shortly alter my letter dar.od Decem~ter 10, i9c9 had been received, at least within a month. rranlcly, I can't remember the exact date. All I can remember is that I got very angry. Q'~~ 2:~ _ _. ___ _._ Kc: 'Lhc l:9iitcomb pror`~.,~~ -3- fJovci~~"~3, 1J70 At this point, I fcei_ that I made an investment in ,<~,ood faith in an area, significantly influenced by covenants nilin^ t?ie development of the area and I feel that the developers of this area 1~•ave not Lived up to the aFrer_ment I ; iPned and I feel that i. ~avc hcec: misused and duped. Currently, I am well invested in that area, well. ensconced coith a home that I've developed and caor;ced hard on and I'm not about to give it up, nor am I about to give in to developers who do not live up to their word. Sincerely„--~ ~ \1ti~ ~ ~(~ ~~~ ~ ~,~~~ ~U Ilaro~d~C. Flhitcomb, Jr., M. D. HCW:pt :............ r y i ,,,,~ , ~ ; l ~ J IdOJI OtlJM Otl] `. '.. EXHIBIT "A" The Purchasers acknowledge that the status of the utilities as repre- R aented by the Sellers is as follows: ' Telephone and Electricity: Telephone and electricity will be made available in either the roadways or easements at the time of construction of improvements on said lot by the Purchasers, without coat to the Pur- chaser~. Gas: Natural gas will be furnished by the Rocky Mountain Natural Gas Company when development of the area takes place, without cost to the Pur- ---- chasers, but the Purchasers may use propane gas, oil or coal for heating and cooking until this occurs. .~_ ~~~y,,., Water and Sanitation:. Sellers .intend to diligently•puraue.the.forma----- tion of a Water and Sanitation District, and in connection with this have already commenced work thereunder and have retained the firm of Kirchner 6 Company, as consultants. ' A report from a reliable engineering firm indicates that sufficient ~ water in domestic quantities in Brush Creek Village „Filing No. 2 is now ~I available in two wells owned by Elay Corporation on property located ad- i jacent to Filing No. 2. ~~ When said Water & Sanitation District is formed, it is assumed that , ~~ as building development occurs in Filing No. 2, the District will make 6 water available in accordance with the policies, rules end charges of ~, the District. The Purchasers authorize and instruct the Sellers to include or annex their property in a District if the same is formed or annexed prior to recording of the Deed, and also agree that the property being purchased will be included by the Purchaser in a District if the same is formed or to be annexed to after the Deed is recorded; and that the Deed will recite such requirement. The property will be subject to the rules, regulations and charges of the District. __.,_____, _.._- Although a Water and Sanitation District may be formed or annexed into, it is contemplated that in view of the size of the lots in Brush Creek Village, Filing No. 2, sanitation facilities will be served by a septic tank installed at the Purchaser's expense. Purchasers acknowledge that he has not relied upon any statements, representations, agreements or warranties except such as are herein ex- pressed. .. ~~ .~ ~~~ ' ti~ ~ ~ ' r ELAY CORPORATION t , ;, BY Sellers ` oof~~~~ F fi- Yr, t "c?.?S'u~`:k P'..CR''^s "';l ', 1~~ M+yl 3A~'"~I •w ~. alt , . ~ --~ Rrl ileb Ceelnrl, '•t K/law A,ennd h 7Te Deem floes H aeeiten May (~ r 1g~T- RECEIVED FROM__-. ROBERT ~GTT,T, ARI7PsGER fl PUBCHASEA the cum of 1~T~4a~-- 1" the form of a rzhwnY u pats payment for the following described real estate situate in Ne County of Colando, to-wit: Lot 4, Block 2, Brneh Creek Village Filing No. 2, Yitkin County, Colorado, with ell improvements thereon, it any, in their present condition, ordinary wear and tear excepted, Imown as No___._._._~. __ _ _ ,which property purchaser agrees to buy upon the following terms and conditions for the purchase price of j_6., 200. _, ' payable ee follows: j`ZQQe_.. - hereby receipted for, ~i0 0, On deliverer ~- ot deed ae herein provided, in the Corm of a certiYied check, pay- able to Roy Vroom Trust Account, the balance of 54,650. evidenced by a Promissory Note executed by the purchaser and secured by a First Deed oY Trust on the property described above, shall be pay- able in 84 monthly ineta].lmenta of 569.06, which installments inclu interest at 696 per annum on unpaid principal balances, payable monthly. This Contract is t3ubject to Szhibit "A" attached hereto. This purchase is subject to a 20 loot road easement across the Soutk east oorner of Lot 4, Block 2, for the purpose of ingress and egreat to Lot 3, Block 2. However, said easement grant shall be subject t< i~approval, by the purchaser herein, oS the location and design of said road easement. The ppurchaser herein retains the rig2 and privilege to use enid easement Yor ingree and egress to LQt 4, *con~inued~ be~t~w) ~,~r~ A title Inca nee po uy see deac y • title com"miEnlen men amoun equ o e pure mss pnce, at se Br's ~t~i~~l](expenee, shall be furnished the purchaser oD or before Juna 1 , 19 67 Title shall be merchantable in the seller. Subject to payment or tender ae above provided sad compliance with the other terms and condltiona herounder by putchneer, the seller shell execute and deliver a good and sufficient Warranty deed to said purchaser o++ Or before June 15 lg_S2Z or, by mutual agreement, at an earlier date, conveying eai.l property free and clear of all taxes, including special Improvements now installed whether nseeeaed or not liens rend encumbrances7Qtgg~'~ Q~yf~l sad except tho general tax for 19j1~, payablo. January 1, 19_~, except easements for telephone, electricity, water and sanitary sewer, except zoningq regulations, except roatrictlve covenants of record, and except mineral r@99rvatlOna Ot reCOTC• General taxesy for 19.~.~_ (based on 1g~~ levy and 19~_seseaement), e a appor lose o a o etvery o The hour and place of closing shall be ae designated by the listing spent. Poeeeaeion of premises shall be delivered to purchaser on delivery of Deod. *Block 2. This easement shall run with the land and to inure to -the beneYit of the heirs, eucceeaora and assigns of said parties. Time fe of the eenence hereof, and if any payment or any other condition hereof ie not mnde, tendered, or per- formed byy purchneer ae herein provided, then this contract shall bo null end voi,1 and of no affect, and both pnrtiee hereto releneed from all obligations hereunder, sod all payments mnde hereon nhsll be retained by the underniRned agent u liquidated damnges; provided, however, that in the event of such forfeiture, soy payments mnde hereunder shall be divided Mltween enid agent rend ecllor ono-half thereof to the agent, but not to exceed a cum equal to the regular commieelon, rend the balance to the eol~or. In the evlvrt the Bailer fnile to appprove this instrument In writing within__20__-_~.____daye from the dote heroin, or, If title Is sat merchnntahle rend writG~n notlrr of dafecta 1e given to the seller or regent within the Limn herein provided for delivery of died and shall not ho rendarod merchantable within 30 days nftrr eurh written notice, then thin contrnct, ut ppmrhnser'e option, shell be void and of no affect, sod each party hereto shell be released from all obligxtions heroof and the paymente made hereunder shall be returned forthwith to purchaser upon return of the abstract to Belle r; provided, however, that In Ilea of correcting such defects, eellor may, within enid 30 deye, obtain s commltmant for Owner's Title Innocence Policy in the amount of the purchsae price showing the title to be froe from each defects and Boller shall pay full premium for eurh Title Insurance Policy. Upon spproval hereof by the a r, thla agreement shall become a contrnct between seller end purchuer and shall inuryyo~~W~_thp.henofit at the n, succeeson and aulgna if add partiae. (ADDrolfea/~3~ 'Z--- es•rs~ ~ ~ Agent RO'Y~ROOM LTY ROBERT' McGI Yf~ gRIIEGSR ~ ~ (Approved)-. _ _ Punheeer The above contract is approved thia___~._ BNIer - By-------- --1'.-~-.~..-~~1 L -... ---.day of-_.T .---- .. -_--__, 19.__._. e.0er Na 882 BII fled Pilate Contract, '8T Edition-enuora-Romeem Pdausa Demean 1!241! 9Wut etrwR Drnrrr, Colorado ~.W J V~~ a.a ~~,~. caalr.et. •er gaums .~'ry AOOror•d br Tha D•nrer no.rd of ReN/en "Z~a V y - 19YL- a ou ~, ~ -' T G>.."?T '."' PURCHASER RECEIIrED FRO the form _ _ _t,.,,,.t.• _ (se~oy~b;tpnqultwj, the sum of County et ae pert payment for the following described r~Colarado, to-witn'. th ~' I,ot 4, Block 2, Brush Creek Villags Filing ifio. 2, ,'iLkin County, Colorado, with all Improvements thereon, if any, in their present condition, ordiaary w whi h prthoper~ purthchsee~roagreee tv o to buy upon the following terms sad coaditions for the purchase price of ~ n~jl7. On df:livery payable ea follows: =~Q~1 hereby receipted for, ~•• of deed as herein provided, in thte form of a certified check, pc:y- nblo to Roy Vroom Trust Aocount, the balance oY :54.650. evidenced by a Yromiasory Note executed by the purchar3or Bnd aeohall be a Y- FirBt teed of Trust on the property described above, able in 84 monthly iastallmsnti3 oY a69.Ob, whioh inatallmonat~1enclu e interest at 6~'9~ per annum on unpaid prinoipnl bslanoes, pay wonthly. This Contreiot i® eub~eot to Exhibit "A" ottaobed hereto. SErJw;.ttclnoGwSex C;6L,'EIGtl'1?L~9aid'CAruperty:.SCai'Uf1eG;~to~datZU-m`' ~'t3We insurance Pence, shall benfurniahedthe an amount equal to the purchase price, at pe~let a Ipt~D7CC79>181GaxP purchaser on or befor - --- '--- Title shall be merchantable in the seller. Subject to Payment or tender ae above provided and compliance` w7ith the other terms and conditions hereunder by purchaser, the seller ehalOl~ ebcCte j~©dej°in~ Bold ~a19~~- Warranty deed to said purchaser on or, by mutant agreement at an earlier date, conveying said property free and clear of all taxes, tnc~uding YP~e ~~, improvements now imta~led whether aaeeesed or not liens and encumbrances;0:atep>t9aaffatAlu>inel IItipYtl DSatYlct:lia68fi9Id8fOX~iSt d;;ahy6~{dhy;~a6ira~Cand except the general tax for 18l?Z, payable January 1, 19.13, except easements for telephone, ele~tricity, $7~st~r and eanitt~~ryy sewer, a7,cept zoning regulations, except restrictive covenenta of record, and except Iplneral r@88rV+3-G1OnII 02 id COCd. taxes:iriBiM-oEfsT}Ci5i~KBir$g'~i[9Cfor 19~1~ (based on 19..E1[Y levy and -.-------.--'-- __.......,......s...w,e~rv.eea~rtsrp7nSmd1L7d'`H$ The hour and place of cloeiag shall be ae designated by the listing agent Poseeseion of premises shall be delivered to purchaser On dalirery Ot Desd• ~'~it4~eX8'E6k~I~~n1EXdf 7tfiligdi Timeyyfe of the essence hereof, and if any payment or any other condition hereof ie not made, tendered, or per- heretod elesaed from all obligatpions~herovndert and e1lTpaymente madelhereonoshall be retai ed by t e u aerpeiB ed ngent ae liquidated damages; Provided, however, that in the event of each torfeituro, any payments made hereunder shell bo divided between said agent and Boller one-half thereof to the agent, but not to exceed a sum equal to the rogulnr commission, and the balance to the seller. 2~ dnys from the In the event the seller fails to approve this instrument in writing withi* time herein~prov dad Yorsdeliveppry of deedbland shall ~n tnbe renderedomerchantable within SO ldaya afCerneu htwr tton rclenecd fromhallcob] ~ationa hereofo and t e~ppoaymenta madel hemundornehall bey returnedhforthwith t purchaser upon return of the abstract to Boller; provided, however, that in lieu of correcting each defects, seller may, within ea~d 30 days, obtain a commitment for Owner's Title Insurance Policy in the amount of the purchase price showing the title to be free from such defects and seller shall pay full ptomlum for each Title Insurance Policy. shall inureat pth 1 nefit of ehhoireler, thi ~~ na sedge Boi said parties.~ot ~~een seller and pnrchaser and (Appro ) ``0 Agent ROY YR~O~ Rl:l~'~Y ROniRT ! C~ L l~iJEG R (Approved) BY por.LUer -day ot_ 19 The above contract ie approved thi_ e.u.r edi•e Na 882 B Real Estate Contract, '82 Edition-Hnetord-Robluoa Peiat4a Ooms-ur. tn4la stout 94+•t. sacra, polotado OOUD~.,? _.... - „~ - ~ _-~!~~ ~ - ^.eN F.etnte Centrne0. 'f. F.dinon L nrnrn.r.; br 'rhe n<n.er n~nrd nr r..~uorn ntO V O?'1b ~ 7...x.3-, 19J' r I . t?IIROLD ('.. t^~l-[~~~0'V~,-Tr - PUItCiIASE2 F.ECF.IVED rR0 I ~ ~t,,.~l. ~'.ut;uit°:'~`:.::~;), the Bunt of $ ~ ~ cn nf1 ;n tbo fo:^n o' Cocaty of as par. paymcnp for the foaotvin,^, desc: ibed real estate situ^.te in the Pi ~'c~'~ ,Colorado, to-wit: ~~ tract of land consisting of, 20 acres as shown outlined in red on the map marked Exhibit A attached hereto. The property will be conveyed subject to reservations including mineral reservations of record and subject to oil and gas leases of record, if any. ~~, with all improvements thereon, if any, in their present condition, ordinary wear and tear excepted, 3stowa as \o ,which property purchaser ngre^_s 23 000 nn , to buy upon the following terms and conditions for the purchase price of $ Fn 00 hereby receipted for, $ ~_,~ 2n nn Ori Or payable as follows: $ ~~k. - - 'oefore December 24, 1°65, and $ 16,430.00 in the form of a Promissor Note secured by a Deed of Trust of even date, said Note payable in five equal annual payments, plus 6J interest on the unpaid balance. Payments shall commence one-year from the date of closing of this sale. Purchasers shall have prepayment privileges without penalty. This Contract of Sale shall, be subject to Escrow Instructions marked Exhibit C, ,which is attached hereto. An access road to said propert in accordance wit'rl Pitkin County minimum specifications l•rill be in- stalled at Seller's expense, on or before October 1, 1967• The location of said road s'rlall be in close proximity to the location as ~~;;,r,~tia~ shown on attached Exhi'oit A and shall be installed on or before October 1, 1967 and dedicated to Pitkin County for public use ~~ certified to date, or a title insurance policy as evidenced by a tit:o I~ An abstract of title to said property, commitment in an amount equal do the purchase price, at seller's option and expense, shall be furnished rho I - t.,..,+- n~ r l F 19~. I purchaser on orxt:.iTW CFmbP , 'I Title shall be merchanta'ule in the seller. Sub;ect to payment or tender as rbove provided and compliance wits ~ the other terms and conditions heremuicr by purchaser, the seller shall execute and deliver a good acid sufficient I _ Narranty deed to said purchaser or~r aY~ntlt' 7an;tary 2n "n ~~ ~i or, by mutual agreement, at an cariier date, conveying said property free and clear of all taxes, including spec:af improvements now installed whct.Iter assessed or not liens and encumbrancesx~~tK't~'.Af~;$}~;l;l';tisC~phTr4~•-•~: 45`C ~i ~ „•,~, n r and exce t the eneral t<1x for 19126_, ~! ~.' X~:.~.._~:~C~i$.~u~`iCt1f~C.2i?S~l?i4Cv.~A~:L~ZJ:~C=4F~C~F~6YF.'?.tiKS?}~`~f~':`X~X~TYr p g I . j~ pat•rble January i, 1^~, except easements for telephone, electricity, water and sanitary newer, except zoning jl regulations, except restrictive covenants of record, and except Protective Covenants marked Exhibit B and attached hereto, and also subject to Exhibit D ~ w.2cn is attached hereto. ~ General taxes,''(1,~;>;i~:0,*v;.'v7C~*AI4:i7.~ItR:S'6?.!~Ih•1.,CX`~)9SFKk;C:.9t':r'1R~'1iC4 for 19~ (based on 19_6.. levy nrd 19~?S assessment) prepaid rents, wntet• rents, sewer rents, firo and extended covcrngo insurnnco promiums, FFIA mortgage insurance prenvmns and interest on encumbrances, if any, ehnll be apportioned to duto of delivery of decd. i The hour and place of closing shall be as designated by tho listing agent. ~I Possession of premises shall be delivered to purchaser Ori closing. This Contract Shall bye subject to the consummation of that certain Contract of Sale dated I~ ~~ ,u~yn~ja'.y.rlaQj~ a~t:rwun;~rcu'.iie;oYXlay Corporation and George Christer.ser.. I '•, In the event said Contract of Sale is notl ~, ~--~--~;=t_~~~n, shall be void and;i ~ consl:mmated, This Contract, a- - , /':>1 ~~ of no effect, and t'ne payments made hereunder shall be returned to it 'J II Pu^~hase~ upon P;arcpas~T' s r~nuest. ,mtc :a of the. ro:~~sencc ncrcoz, an :f any pay'mcnt or any other condition hereof is not made, tendered, cr pcr• i I formed by purchaser as herein provizicd, then this contract shall be null and void end of no effect, end boot pnYtes j'~ hereto rclaucd from all oblir;ations hereunder, mul all payments made hcrcen shall be xctaincd by the urdcr oi,^.rcd ,I ntm::Vbcs div;aad tbett,am ~:m vl area tlcdi<th~cll<:r,roae-ivtlf thereof to }:et~agcfi ,abut potato exceed n smn equal ton t` e ~, ' Iii ~l ' rcra:nr cc:n:nisaion, and the bal:mcc to the seller. i~', i~ In tihc event tine sc'.Icr fails to approve this instnuncnt in n•riting tvithin_~:}F days frost t4c li ~~~ ~dnto hereof, or, v title is not tnurchantnb!o and written notice of dofwts is Riven to the seller or a,^ent tvitSia far i timel:crcin provided for delivery of deed and shall not be rendered nmrchantablo withigl2Qlnys after such written ;! notice, tii^_n this contact, at purchaser's option, snail be void and of no effect, and each party hereto sacP. :., ~~ ' ' i! rc;czc.^^_d from all obligations hereof a^.d tiro payments made hereunder shall be returned fee:hwith to purc~as^r ~~~ anon return o: the abstract to seller; provided, however, :hat is lieu of correcting such defects, °char may, •a•it:--:^ said-G(d days, oSCain n commitment for Ovmer's Title. Trsaranee Policy in the amount of the Burch.^se price shoc:ia; t::e title to be &ce from such defects and seller shall pay full premium for such Title Insvranco .Po'.icy. I' L•pon approval hereof by the se'.ler, this agreement shall become a contract bohveon scIler sad pure?:azer and !i ~~~' shall inure to the benefit of the h s, successors and assigns of said parties. (Approvcd)~,~'v J=` C~ ~/~~..+1~' ` >- ' ~OOiK RF ' TY Pui'chnnor Arent ROY . ~ j!i ::Al?.O.D C. i'dI:ITC0iJi3, JR: I ~~ is i U l/'~~/~' ; ~ ~ Se-canner ~ li r '~ ---,~~~7 ~~ c hbo/~o^:tract s approved thi^ •~ day e:_ :-r_- m i r,v rr~ o t ~~ /.~ ~ 0~.~jT/O~~ ~ .+ By• ~~ V 1J .,/ ~l Y V' +^-a~ a r " K y ~' tY µ Y~ ~y ~,C'" 5° !~ y. ~r;~ F e+ ~? ~ ~ ~~`2 ` ~'=<, ohs Purchaae~ as ~_ a1t,_ ~spreaerited by ttse r;; . _ .._ '" *' F' 4 y r'~4. h _. N =9 4, ~ ....~-a---hs I wlth the ~' lots by ~ Pte' ~ ~` on of said ~~ ~ ~ ~ I ~- ~ usual casl'.+Ii i'aeaAti~~l ~Y=[ utility. M1 ° ` ~"''~~_ ~ Main I ~ ~ , ~ ff ~ a ~ Qas : i{atural gas v vhenedevelopmsntfo~t~iaz1~ti~~ Plao~; ::. ~a ural t~a• CaaPan7 the usual and riot}~ provided, however, the purchaser will Pay. ~ b' ~e'Roefq costs for extension obutathelpur~ahaasrhw ~ ua• propane gas, oil' ' ~ '$atural Qas Company, ant takes place. until deRelc~ °. ~ `" ~ aoal for beating and cooking. :} ~ ' ~;.- ~- Ylatar and ganitatlon: Although a water and eanitatieai disttriot t„ a>ay s orme or annexed into at a 1~liag Nom ~ aawitation Saoi-- ~ ;~ of the data in Hruah Creea s.ptioetanlc installed by Durah+'ser at .. litiee will be isrved by ~ ~' ~~ ;..~~~ p~urc~aer~e expense. ~+ ,, ~,z ,•' .; the aeller makes no warranty na concerns xa'teAhytoutiit~is aesweed s~"• sad sanitation district ie fonesd or annexed moo. 2, the diatnict '~~ that as building 3avelopment occurs ~ M13n8 ~~' x111 make water available in aoaordanae xith the polieiee, rules __ _,~ ~~: and charges of the district. ^' water from another aourc• until ,~ The seller will endeavor to suP~teea or warranties as to the ` • tnis happens, but makes no gua sa:re; provided, that if the aeller does make wtatar available ~' through a private or semi-private s'~ratem that. the buyer will use ~; such water and will pay charges and tap Sass ae sstabTiahed by the ~.~., ;:: 4 ~~~ ~ 2 s:. +~.. ~ r ' ~ j .4 ~ ~ ~.,~ ~ w' ~`-y x-: 313F1 dlt't tbA, statue of ~~ . +~~ ~ i . ~ F ELAY CORPORATION Bp (SELLER) President ~~, ~`' ~ :;: ~,.; X (PURCHASER) ~ (PURCHASER) ~. ~.,r, ~:€c` aeller. ~. The purchaser arty iaaaaDistrictt Pcthe same~ia S rmed oruannexed annex hie prop of the Deed, and also agrees that the pro- prior to the recording the purchaser in a party being purtshaesd will be included by district if the same is formed or to be annexed into after the Deed is recorded; and that the Deed x111 recite la lane and~chargea of property will be subject to the rules, raga the District. Purchaser acknowledges that he has not relied up an any etatamenta, rapreaentatione, agreements or warranties except auoh ae are herein sxpresaed. F1~ ?.~ e ~.. October 3, 19bT A meeting of thf architectural >-ontrol Committee of Brush Creek Village, Filings No, i. and PIo. ?_ was held at the office of Berenbaut, Berenbeum & Levine, in Denver, Colorado, on Tuesday, October 3, 1967. Present were the following: L80NARD HILLMAN ALBERT ROSE ROY VROOM constituting the entire membership of the Architectural. Control Cas- titte~. Mr. Rose acted as Chairmen of the meeting, and stated that the .purpose of the testing was to review the general situation of utilities sod to formally ratify plans of Mr. 9my and Mr'. ~ihitcomb, which had bees previously orally approved. Upon motion made, seconded and carried, the plans of Mr. Smy and Mr. Whitco®b for erection of dwelling residences were unanimously approved. Thorough discussion was then held concerning the installation of electric •nd telephone lines. Buring the course of discussion, the pros and cons of said electric and telephone lines, both overhead and wdergrouad, were thor+u,hly reviewed. It was brought out that the installation of uncfeigxvsd lines in many areas would be absolutely econ- oaically uafasible although from an aesthetic point of view, a• Mr. Vroot brought out, there would be advantages derived from the install- tioa of underground lines. ~. A Lotion w• made by Mr. Millman that in view of the economic prob- lets involved, the installation of overhead electric sad telephone lima be approved by brush Creek Village, Filings No. i and No. 2, ,~ with acid overhead lints to be installed in streets and easements. onlq, and pith ouch lines to be brought fray the streets and eaaeaients to residences, and with other facilities located within each individual lot to be underground. In voting upon thin Motion, Mr. Millman, Mr. ~` Rost and Mr. Vroom all votrd for said Motion approving the installation ddd of averhad linen as set forth in the !lotion. Mr. Vroom wanted the 1(iautes to char that although voting io fawr of u id Motion, hir vote eta based upon the ecocwtic and construction hsrdshipa involved, buE g> that is his opinion, from ao aesthetic point of view, underground lines ~-: - pyre still preferable. The testing commenced at 11:30 A.M -sod adjpurn/ed at 1:30 Y.M. J~,L i Il ~ ~l ~~ ~ 1 1 r"° ." C+ a Y~ p C~ t l~ n~ ~ ~ /~ ;, ~•: - ~l.~ V r ~ r~ ~ 3~1 "/ h !.',._`':..~/i~ U.i" ~ lJ b ~L~IS~~.cJ ~. •. i~% {{% ~~ ./ ° o ^~ !~I~tt .. ................................~~~...Y.....~.2........................., 19.~.~..... r.LCLIVLDrIOViAlexander F. Munro,. I 6. Mary,,. Lynn .Munro Pv1tcllnsl:a s (;s joint icn:uus), t um o: ,f..1.0.0...0.C1 ............. .... n lire foru of...peYS.0.n.31........C,kLC.G1C............................. as part payu:cnt for the o ~ ri cd real cst;dc situate in the ............................................................County of ...............1'.i.t~~.iri........................................., Colorado, io-wit: Lot >ar'9, Block 2, Brush Creek Village, according to the recorded plat thereof. with all improvements thereon, if any, in their present condition, ordinary wear and tear excepted, `onown as ho .................................................................................................................................................... which property purchaser agrees to buy upon th e following terms and conditions for the purchase price of $.$. 7 ~ Q...QQ. payable as follows: $1~.().,.(~.0 ................................................ hereby receipted for, ~w..$.,.X15.Q...~.Q................_..._...._....... Balance of earnest money deposit in the amount of $775.00 to be paid in certified funds on or before May 30, 1970. $7,875.00 to be paid in cash or certified funds at the time of closing. ~ ~ Price to include: Road easement across Lot ~k9 to Lot ,CIO and to follota existing road to well. Water from existing well on Lot ir`10 r~r-sh~~e,cost with owner in the event he drills on Lot ~f5. Utility ~~~`~`~~'"~`~`x easement to Lot ~'~9 for gas, electricity, phone and water easement. An abstract of title to said property, certified to date, or a title insurance policy as evidenced by a title commitment in an amount equal to the purchase price, at seller's option and expense, shall be furnished the purchaser on or before..........Ma.y.....25 ............................... 19:::7.Q... Title shall be merchantable in the seller. Subject to payment or tender as above provided and compliance with the other terms and conditions hereunder by purchaser, the seller shall execute and deliver a good and sufficicrt ....CZe11CY2,1 .. ...........Warranty deed to said purchaser on........~`Ta,}7.....~_Q.. ..., 19.~~....., or, by mutual agreement, at an earlier date, conveying said property free and clear of all taxes, including special improvements now installed whether assessed or aoY liens and encumbrances except .................................................... ........................ assessments payable January 1, 19...7.x...., and subsequent years, and except the general tax for /9...7.Q.., payable January I, 19.7.1....., except easements for telephone, electricity, water and sanitary sc~;vc-, except zoning regulations, except restrictive covenants oi~ record, and except any easements, T1g~1tS- of-way, reservations including those of a mineral nature which may be of record but which do not adversely affect marketable title. General taxes and ........................................................................ assessments for 19..7.(}... (based on 19.(.4..... Icvy and 19...~.Q.. assessment), prepaid rents, water rents, sewer rents, fire and extended coverage insurance premiums, FHA mortgage insurance premiums and interest on encumbrances, if any, shall be apportioned to date of deliv u'y of dxd. The hour and place of closing shall be as designated by the listing agent. Possession of premises shall be delivered to purchaser upon c10S lrig. subject to the following Ic~ases or tenancies: none Time is of the essence hereof, and if any pay:rent or mty other condition hereof is not mado, tendered, or performed by purchaser as herein provided, then this contr::ci shall Uc null and void and of no effect, and both parties hereto rclcased from all obligations hcrcunder, and :dl payments made hereon shall be retained by Lhn undarsigncd agent as ]iquidatcd damages; provided, however, that in the event of such forfeiture, any payments made hcrcunder shall be divided between said agent and seller, one-half thereof to the agent, but not to a~cced a sum equal to the regular commission, and the balance to the seller. Tn the event the seller fails to approve this instrument in writing within.......Q.r?e.....~.l..l ..............d:;t~\from the date hcrcof, or, if title is not merchantable and written notice of defects is given to the seller or went within the tine herein provicicd for delivery o: deed and shall not be rendered merchantable. within 30 days after such written notice, then this contract, at purchaser's option, shall be void and of no etieci, and each party hemW shall be rclcased from all obligations hcrcof and the payments made hcrcunder shall be returned ,'orthuitkt to purchaser upon return of the abstract to seller; provided, however, that in lieu of corrwting such defxts, seller may, within said 30 days, obtain a commitment for Owner's Title Insurance Policy in the amotmt of the pur- chase price showing the title to be free from such defects gad seller shall pay full premium for such Title In- surarcc :olicy. Upon approval hcrcof by the seller, this agreement shall become a contract between seller and purchaser gad shall inure to the cigcfit of the heirs, successors and assigns of said parties. ~ ~/V (Approved) ........................t 1~~~!W~`H )....................... AgCIII ...~~l.llXlt~f".Z.~~'i,1.Sl.fwS'....AaCF~.~..C.~........................ i 7n /-/.~ -.~. (Approved) ..: .. ll4/ ~.f'7L.Y.l.:.~rn1.D "~ ~, ~ ~~ '; ~ .'/ ~ ~ ~.'t «... ........................ By Da.n....E.....,~.scha.p at:...S.._Ed....Bzen..an T'ur imw / The abe e contract is approved this......L.t~ ...........................day of.......,1.l.G.Q...+,........ ~ ~ ., .., , 19;~ ~..:.. t ~ ~ ~/ ~ ~ L 1, :. ~ Ir/c.. II, _ ......_ ... .... ~~,....., pw11n. .. .. o...au...P,••' r~ ((4wZ41:)u..:.m u.r.. u _ ...r...w..vn ;~ r ~ ~~~ ~ _ _ __ _ ~ ace-- ~~`'`' • --:--'~,.''_ .. -__s,r~ _ _---: I TLn trtinted Dortlen a( ILIn form aoden•d and •DDiOVd 071 Colendo Auodntion o! ne.l Rnla• IIo.rd., 1801. Tha Urm.r nonrd of nrnltan. Jr ~ October 11 Iil`~~~ Rh';CliIVLD PRODi~I+L xv_Q~tiJr~ATIS~ ~A~~--~T~-SMY ,PURCFIASliRS (ns joint tenmtts), the sum of $~,.~?~ 5 ~~ 1n the Yorm of r•h ~ [•lc - na part paymmtt for the following described real estate sitpato in the -- County oY _- Pithin. , Colorado, to wit: Lot 13, Block 2, BRUSH CREEK VILLAGE, FILING No. 2, in accordance with the recorded plat, with all improvements thereon, if any, in their present condition, ordinary wear and tear excepted, known as No which property purchaser agrees to buy upon the following terms and conditions for the purchase price of ~! 5OO OO , payable as follows: $ ~ -~2S OO hereby reeeipted Yor,~t9xxxxxxxxxxxxxr^-xx~cx which sum shall be placed in escrow, as provided in the escrovr instructions attached he3~eto and marked Exhibit "A"; and ~L~< .GO evidenced by a Promissory Note executed by the Purchasers and secured by a First Deed of Trust on the property described above, payable in 60 monthly installments of :95.39, which installments include interest at 6yJ per annum on t e~un~-paid pri.ICipal balances, payable monthly and with said Promissory Not® and Deed of Trust to be placed in escrow, as also evidenced by the attached Exhibit "F.". Purchasers, shall have prepayment priveleges without penalty. Xecteamxoclmia A title insurnnco policy as evidenced by a Citle er's option and expense, shall be furnished the purchascron or before tvyycutuo.t .~~ 1v ~.~ Title sltnll be merchnntnblo in the seller. Subject to pnyment or tender as above provided and compliance with the other terms and conditions hereunder by purchaser, the seller shall execute and dclive n good mul sufiicic, c, Warranty decd to said purchsser on Or Uefore 11 O i~ p~~ .-;"n1 or, LY mutual ngreentmtt, nt nn earlier date, conveying said property free and clear of all taxes, including special improvements now installed whether n99e93Cd or not liens and encumbrances except 71f¢CO:iF.J;DIp:iL19JA:>:oLJ:Ie?9 ~}~,{yk;tit},~~t~pli~tp;yip}ypl;xxrnxx~-x~p~ib:;grppy'1K?yKSCY,J07[GiAY,t0pK the general tax for 19S1:J--, payable Jnnunry 1, 19_Z,except easements for telephone, electricity, water and sanitary sewer, exccyt zoning regulations, except restrictive covenants oY record, and except mineral reservations Of record General tnxes~DldC1d2[0t6t;UlOSR]CKSNWCS4NA't~1GCRktclr'QCD3Xt7LS~PCp2-Cfor 1~J66 (based on lp~_ levy and 19.6(>-assessment), prepaid rents, water rents, sower rents, fire and extended coverage insurnnco premiums, RH:1 mortgage insurnnco premiums and interest ot; encumbrnneee, if any, shall bo apportioned to date of delivery of decd. Tito hour and place oY closing shall bo ne designated by the listing agent. Posecasion oY premises shall be delivered topurchnser on d®livery of Daed. 753~}fflSMLQ~tbt9~Ll~S)iIX~43SK7~S-'DCDG99X Time is of the essence hereof, and if any pnyment or any other condition hereof is not rondo, tendered, or per- ' formed by purchaser as herein provided, then this contract shall be null and void and of no eficet, and both parties '', hereto released from all obligations hereunder, and all payments rondo hereon shall be retained by the undersigned agent as liquidated damages; provided, however, that in the event of such forfeiture, any payments made hereunder '', shall be divided between said agent and seller, one-half thereof to the agent, but not to exceed n sum equal to the ~' regular commission, and the balance to the seller. ~ In the event the seller fails to approve this instrument in writing withi 1 ~ days ir, r.: tL•c it date hereof, or, if title is not merchnntnblo and written notice of defects is given to the seller or agent within tiro i', time herein provided for delivery of deed and shall not be rendered merchnntnblo within 30 days nicer such written I, notice, then this contract, nt Purchaser's option, shall be void and of no effect, and each party hereto shall be !! released from all obligations hereof and the payments made hereunder shall be returned im•[hwitlt to purel:aser ~ upon return of the nbstrnet to seller; provided, however, that in lieu of correcting such defects, seller may, o•iutin ~. said :0 days, obtain n commitment for Owner's Title Innurnncs Policy in the amount of the purchase prise showing ~' the title to be free Peron such defects and scllor shall pay Yull premium for such Title Insurnnco Policy. Upon approval hereof by the seller, this agreement shall become n contract bohvcon scllor and purchaser :utd shall inure Co the benefit of the hairs, auccessore and assigns of said parties. ' //>/1~/ ~ (Approved)LC~(!%T?~Gir~-J~///"r/^/'/~.I Agent R ~ Ii00.7 E~1 TY ALLISON K. SN , ~~ OAYLI?. T+4. Shit Ird,nxnr 1 l' ~~ i ; The above c ,Cruet 1s approved thls__. 1. ~..~~.--.--day of ~ ~~ _~J-~~ 10-t_ :- -'------• I~~~. / // , L ~ ~ .-/~/ l"II y,~ ~___ yeller i i t PIo. SG2It RCaI ~stnte Gantraat, 'G2y.idRlen --Drndford Publhhln¢ Co., Isl/•/8 Bloat Btraet, Drover, Colerndo _ _ . __ ~ . .''.}~4L~YT urn ... _.~ The :'urc',^.:.scrs ac::nowle3"c t::at the statua of the utilities as repre- ~c:ltod by the Solicr.. iG as follo;J3: .`i:cn::^n^ ;d :::sec t;-icity: Tclenhone and clcc tricity will be Wade ~vci'_.:b~ in ~iti:er the ro:.d;o~y:, or easements at the title of construction oz lr.~:ovc;.,cnta on ..aia of by the :urchasera, without cost to tho Pur_ chaos. r--- G::~: \atural has Laill be furnished by the Roclcy ;•:ountaia 1\'atural Cas Co:~p.:n~ w.:n dcvc-G-c:,t of the ..rea ta'.,es place, without cost to the Pur- c:.:.sers, tut tl:e ,'urchascrs sy use propane Cas, oil or coal for heating and cool:in~ u,.til this occurs. (dater and Sanitation: Sellers intend to diliCently pursue Lhc for~a- tion of ,: .later and Sanitation District, and in connection with this rave alfeady ccW~enced work thereunder and rave retained the fizta of l:irchner': CoWpsny, as consultants. A report _rc•W .. _..~ble enCireerinC fire indicates that sufficient water in dc.:antic qu.:r.titicc _.. 3_-ush Creek V~~11aCe„?'fling ro. 2 is now :available in two wells owned by play Coraoration or. property located ed- jacent to ..ling 1:0. 2. 4Tnen .,~id idatcr ~: Sanitatior. ' ~.. b~ldln7~ O.:VC1GpWCnL OCCU1" In water avlilabie is accordance with the District. , District is for~cd, iC is assumed that ciiinC No. 2, the Dict:ict will m..l:e the policies, rules and charbes of The ?urch~scrs ~~thoriz.. ~nd in~ttuct the Sellers to include or annex thou n-:ro'perty in District if the same is forcaed or annexed prior to reccrdir.S cf t1:e Deed, ,.n d aloo agree that the property being purchased CJili be i12C 1tidcd by the L'r ChaSCr in ... D1S triC L` ii the Sau:C 1S f0."ed O`" to be ~nncxed to after the Dacd is recorded; and that the Deed will recite such rec!uiro:::cr.t. T~: ;iropcrty will tie subject to the rules, regulations ..nd cr~.r;;as of the District. thGUg, ,, G~aCer = d Sanitation District mr~y be forLned or annexed iP.tO, it iC CG:atG"". ?1atCd t :at In ViCLJ 01 the filZC Of the lots In Brush free'.; V_llc;,c, _,'lin~ bo. 2, sanitation facilities will be served by a Ce_~ti.c Ca:?lc i::c „gilled at the i'urchaa ar°s CxpenGe, +... 1~::rCi7:::::;"_:. aC....GWi.:d~C thaC rim. l:a .^. nOt rC l.C'd upon 2ny SCa CCC^.Cn CS, .. re:,;:ntac:icaa, a;;reec~as or warranties c::eept such as are herein ex- pracacd. ~sc•roes 1:?stnactions .. t1:.. ~: C O C109 ing, Which s1:a 11 bC On Or before ~~Ir f r ~. 1 ~~, 31 ~~ (' .~"1%'~ , 1955, $cll CrS shall CtiCCU tC a hTaian Ly Deca LO file .°L'r C1:a SCrS la7 ::iCCOr:::G..C i; Wii.:l tl': C. tC iiT..°. and COn dl tiGas Of the Contract and dep J:)lt ti. a: ..~...,. W"i'C. .Gy VrOOCd P~Cal ty. _.:.. :urc..~..~~s cJi11 execute .. A'Gt~ securod by a ?first Dodd of ".rust _'_? ..C 1. ~lr \'~~:?Cu Llit.l ?: i1C tCr^..:: Of t[.~. COn Craft a.^.d dCDO::it the -.: :L'C C: '_t.. :Gy VrGC,.::':eclty. Roy Vrco:a Realty .,....li de~~GSit in es,.row L:_th The rirat ..~.._,, c_ ..._ :'.: in Dc::vcr all r..Gney:. ~~c.:ivcd by Roy UrOJa Rc11ty _:o:n tha _u=..._.., ...... .... Gy V"i00','.. R..11ty J1:.111 a1.:0 plaCC In CnCrOW aC T:... .._Jt .._.:ic_~'_ ..~:::, is Da?vc_ th:: 1,.'arra:-.ty ll~cd, :~otc, ~nd Decd of ::us_ :.ot .O'. ,... :.: rya:? 11 :.:.-il t1tC D::Cd Of `i'rtlS .. t0 GCO r,."',C %hri.^. tCl)£.Cn rCCGri1Jd ..... _..~..:y 19, 19ob, 'ln L'OG1c ?1G at "~u^ 199 19 _C1CaSCd, CJi1iCh ....111 b.'. :O r _~~~_ ~:__.. Ju::u :. ., 191. (1~J~i~133 r t '• ~1 ..,, __._ .r ~~`., ~ _. ~` i.,.. _ i_~.. \;: ..i0:i..1 ~....;:: bTil1 ..._ i::J la~l:e CCd Ch:.C C: CCY Ci.C DCCd OP i_.... .. :.J G:-O: C::r 1:: l: C:..; C:: iv :Cl._..J CCi, l/~On ti:C rC ~uCOC O titC SC 11CY~ CO ~..CJ:C: .....;J:.'a:~alltf :iCCd CJ'.:VCfln(, CLCiC t0 ..7C llrC::CC.Ci.., iC shall :000_u C ... JC..u O _:li::C ...JCL`'~:.n ~^~ Ci:C i~OCC GUC CO SClier.:, nd dCliVC l' ..... i~J :. . ..:..: ........~.~ :~:CG lned .n C:iCrow t0 ti:C SC 11 Cr:,. n Ci.C CVCnt t.^... Decd GY TrL1Dt t0 GCO rF,'C G.^.ri`1 tCnoCf1 ifi nOt rC- 1C:..^.Cd Du .Ti1nC 1~ li'U], thCl and 1R th.:t event .:e First National Bank will GC 1~.:44rL1C1,.~.~ s;G i..'.'.t.L~ii ia:: S I . ~., ~ `~ r,~~i dc. G~1C, tG~~Cth ti~ W.i.tCl any nayr:n Cs t.=d2, ta~ether :rith C::e :`'Gte ..nd D;.ed of TrusC deposited by the : i:rCha.^.er:~ t0 the PiSrChaSerS, and :iIIllltanC'oUSl.y tL10reWitl'1 shsll deliver to the ~cllcrs the Warranty Decd. ~, "~~' ~"~Y CV \: G\aiT ~.QiY 1' L Y Sellers. i., ':.. ~~ Q ~ ~" /'~ CA ~, ~ ~ ~NI S v~,,. . -z~ Purchasers. T c undersi~ncd to be dc~o~ited with jest to ~:c instruct; ac::nowledges recei The First National Lora, authorization RGY BY -~- ?t o£ the items described herein Burk of Denver in escrow, sub- and directions herein contained. V:t00}f :.EnI.TY <<~ ~- ~?~~1